Dispute Processes
ADR and the Primary Forms of Decision-making

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Michael Palmer (Author), Simon Roberts (Author)

9781107687578, Cambridge University Press

Paperback / softback, published 9 July 2020

428 pages, 2 b/w illus.
24.4 x 17 x 2.1 cm, 0.84 kg

'This 3rd Edition of Dispute Processes: ADR and the Primary Forms of Decision-Making is a valuable resource for all those interested in the nature of disputes, the processes by which to resolve them and their place in society. It draws on a rich body of theory in exploring the many complex issues that arise in resolving disputes and their processes. Its approach is multidisciplinary, for example offering sociological, anthropological, historical and comparative perspectives, which sets it apart from a usual approach to the examination of alternative dispute resolution processes, and as such, offers diverse and intellectually stimulating discussion of issues relevant to the on-going debates about informal and formal justice. The additions made to this 3rd edition are very welcome. The new chapters on Arbitration, the Ombuds process, on-line dispute resolution and the ever-continuing dialogue about the institutionalisation of ADR are a necessary and pertinent addition to the already rich material provided by this book. Additionally, for students of ADR, the roleplays and further reading list enhance this edition's content further. This book is most definitely required reading for all dispute resolution scholars and students alike!' Debbie De Girolamo, School of Law, Queen Mary University of London

This wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.

Preface
Acknowledgements
1. Introduction
2. Cultures of decision-making: precursors to the emergence of ADR
3. The debates around civil justice and the movement towards procedural innovation
4. Disputes and dispute processes
5. Development of disputes, avoidance and self help
6. Negotiations
7. Mediation
8. Umpiring: courts and tribunals
9. Umpiring: arbitration
10. Hybrid forms and processual experimentation
11. The ombuds and its diffusion: from public to private
12. ODR and its diffusion: from private to public
13. Institutionalization of ADR
14. Reflections
Appendix A. Some role plays
Bibliography
Further reading
Index.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Civil procedure, litigation & dispute resolution [LNAC], Settlement of international disputes [LBH], Comparative law [LAM]